Cary Gosselin told the Independent last January that at Home Savers of Montana, "we make the home right."
Gosselin buys foreclosed properties in Missoula, fixes them up, and sells them. But now his claim of making things right is being challenged in court filings by two buyers.
April Speer and Mitzie Haney purchased their home on Skyview Drive from Home Savers in early summer 2010. According to a suit filed in Missoula County District Court this week, they've since noted a host of problems, including a lack of waterproofing in the home's foundation. An inspector with the City of Missoula confirmed the lack of waterproofing in April.
Speer and Haney are now leveling a number of accusations against Home Savers, including constructive fraud, negligence, breach of contract and violation of the Montana Consumer Protection Act. And their attorney, Ryan Shaffer, says they aren't alone in arguing that Home Savers has "cut corners." He says several other homebuyers intend to testify on electrical and plumbing failures that they claim resulted from shoddy workmanship.
"These plumbing errors are things that, if you and I are working on our own homes...and we get it wrong, we suffer the consequences," Shaffer says. "The problem here is that they do this substandard work knowing that it's for the benefit of somebody else."
Gosselin says Home Savers has done nothing wrong. He's familiar with some of the complaints, though he says this is the first he's heard of the problem with the foundation. He says Home Savers didn't do the wiring at the Skyview Drive residence, and that everything—including the foundation, which he adds was done by a licensed contractor—passed inspection not only by the city but also by the Federal Housing Administration. He says he was counting on the city, which permitted and cleared the project, to inspect the building properly. "If it wasn't done properly," he says, the city "should have red-tagged the contractor."
Gosselin says there's a "buyer beware" element homebuyers should consider. Any major issues should have been picked up during the inspection process, he adds. But, he says, if there is a problem with the foundation at the Skyview Drive home, he's more than willing to rectify the situation.
"I'm a reasonable person," Gosselin says. "If there's some damage or something that needs to be fixed, I'd be glad to fix it."